TEC 39.023(b)
Texas Education Code § 39.023. Adoption and Administration of Instruments. 

. . . 
(b)  The agency shall develop or adopt appropriate criterion-referenced alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee, including assessment instruments approved by the commissioner that measure growth. The assessment instruments developed or adopted under this subsection, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide a district with options for the assessment of students under this subsection.  The agency may not adopt a performance standard that indicates that a student's performance on the alternate assessment does not meet standards if the lowest level of the assessment accurately represents the student's developmental level as determined by the student's admission, review, and dismissal committee.
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Last Amended:  86th Leg., Ch. 1315 (H.B. 3906), Sec. 2, eff. September 1, 2019
86th Leg., Ch. 1315 (H.B. 3906), Sec. 3, eff. September 1, 2019
86th Leg., Ch. 1282 (H.B. 1244), Sec. 1, June 14, 2019
Entered: July 22, 2019